Judge may re-open school finance case

A state judge who has ruled Texas’ public school funding system unconstitutional is being pushed by wealthy school districts and the state to re-open the case for a hearing on action the
Legislature has taken since then, including a funding boost and changing some requirements.

State District Judge John Dietz indicated he’s willing to do so if there’s substantial agreement among all the parties, who also include poor school districts whose lawyers weren’t as quick to jump on the bandwagon for a new hearing.

Dietz set a June 19 court date for the parties in the case to submit a proposed motion and document their disagreements.

The date is after Gov. Rick Perry’s June 16 deadline to veto legislation, which magnifies one point made by lawyers for poor school districts – while the Legislature has acted, Perry will decide how much of their work actually becomes law.

There have been rumors he may veto some of the extra money given to schools to help restore some of the funding cut two years ago in the face of an erroneous forecast of a massive revenue shortfall.

Dietz earlier this year said the state school finance system is unconstitutional, calling it inequitable and inadequate and saying that it in essence has created a statewide property tax.

School funding relies on local school property taxes, state money and federal funds. Property-poor school districts struggling to educate their students must set a local tax rate that is at or near the state cap, he has said.